Well, I posted this a while back..but now it's been almost 3 months that there sending me letter by mail that I own them money. But I never signed anything and never gave any sort of deposite...
What can I do for him to stop sending me letters???
focusonthis_88,Feb 1 2006, 12:46 AM Wrote:Well, I posted this a while back..but now it's been almost 3 months that there sending me letter by mail that I own them money. But I never signed anything and never gave any sort of deposite...
What can I do for him to stop sending me letters???
[right][snapback]167776[/snapback][/right]
needs more details or link to old thread. If you did not sign anything then they really have no recourse against you. To make things fun you can try to take some recourse against them for bugging you this long. Probably won't get you anything but you can try :)
focusonthis_88,Jan 31 2006, 07:46 PM Wrote:Well, I posted this a while back..but now it's been almost 3 months that there sending me letter by mail that I own them money. But I never signed anything and never gave any sort of deposite...
What can I do for him to stop sending me letters???
[right][snapback]167776[/snapback][/right]
Like Nass said, more detail to refresh our memories would be good, but generally speaking I would write to them to via registered letter asking them to send you a copy of an invoice, specifically one that was signed by you, or a proof of a deposit, etc.
Make specific reference to the fact that you feel you are being wrongly harassed, and that the next correspondence from that must provide this information or you will be forwarding this issue to your lawyer and the police. Save a copy and staple the confirmation of registered mail delivery to it, and save it.
However, hopefully you haven't done anything like ever made a deposit (even if you wrote a check and cancelled it or left a VISA number), because that would be construed as a contract.
More info would help though.
Edit: We were posting at the same time, I just read the other thread, I dunno guy, did they send those to you without sending any money?
There's a few issues in play here - first, shipping damage is the responsibility of the shipping carrier, your best bet would have been to refuse it at the door.
The other is the fact that you were not satisfied with the product. Tough call, sounds like a case of buyer's remorse to me. if the company has a "no refunds" or "all sales final" policy that you were made aware of, then you're open to a lawsuit.
Either way, my above advice still holds, put the onus in writing to prove that you owe them. Usually if you threaten to drag them to court they'll realize that the cost involved will not result in breaking even on the sale.
I'll write them back a letter..saying to send me proof that im obligated to pay it or otherwise to stop harassing me.
when you ordered this stuff from them in the first place ... did you do it verbaly? or did they make up an invoice with all the products and info on it to give to you and a copy for them, so that you'd know what was yours when the shipment came in.
if they did do that, then that might be enough there to make you responsible for it
tough to say
Truth be known, your not telling us everything as we have to hunt in both threads for the answers, and I still don't think we have all the pieces to this puzzle.
But if I were Rick James......PAY UP BITCH!
You didn't sign anything ... you didn't take delivery of anything ... you didn't pay a deposit on anything ... and you didn't agree to take a damaged package.
Two critical ingredients that make a contract a contract, are missing here ... "agreement" and "consideration."
Agreement is self explanatory ... consideration is the exchange of value ... ie: your money for their goods, or your money (deposit) for their future delivery.
No agreement ... no consideration ... no contract verbal or otherwise.
Stay calm ... do nothing ... ignore them.
ZTWsquared,Jan 31 2006, 09:41 PM Wrote:Two critical ingredients that make a contract a contract, are missing here ... "agreement" and "consideration."
[right][snapback]167800[/snapback][/right]
That is what we are trying to determine, obviously "some sort" of agreement had been made -- stereo components don't randomly show up at people's doors.
ZTWsquared,Jan 31 2006, 10:41 PM Wrote:You didn't sign anything ... you didn't take delivery of anything ... you didn't pay a deposit on anything ... and you didn't agree to take a damaged package.
Two critical ingredients that make a contract a contract, are missing here ... "agreement" and "consideration."
Agreement is self explanatory ... consideration is the exchange of value ... ie: your money for their goods, or your money (deposit) for their future delivery.
No agreement ... no consideration ... no contract verbal or otherwise.
Stay calm ... do nothing ... ignore them.
[right][snapback]167800[/snapback][/right]
I'll just wait and see if there get tired of sending me letters.
OAC_Sparky,Jan 31 2006, 10:51 PM Wrote:ZTWsquared,Jan 31 2006, 09:41 PM Wrote:Two critical ingredients that make a contract a contract, are missing here ... "agreement" and "consideration."
[right][snapback]167800[/snapback][/right]
That is what we are trying to determine, obviously "some sort" of agreement had been made -- stereo components don't randomly show up at people's doors.
[right][snapback]167803[/snapback][/right]
Yeah, I'm not saying he doesn't have a personal moral obligation ... I'm saying IMO he doesn't have a legal obligation.
If either one of these is missing (in the legal sense) ... then there is no contract.
Looks like there was at one time a good relationship ... he ordered the stuff, they thought they knew him well and didn't put anything in writing and didn't ask for a deposit.
You've heard the expression buyer beware ... well, it works two ways.
Think what you might of him on a personal moral basis ... but it seems pretty clear to me he has no legal obligation.
focusonthis_88,Jan 31 2006, 09:53 PM Wrote:I'll just wait and see if there get tired of sending me letters.
[right][snapback]167804[/snapback][/right]
Eventually yes, but then they sell the alleged "bad debt" to a collection agency and then the real fun & games begin (Collection agencies serve a useful purpose, I just wish they wouldn't resort to tactics that make Jimmy Hoffa and the Teamsters Union look like Boy Scouts <_< )
After that, you may end up having to deal with a Small Claims Court claim. It really depends how far they wanna take this.
NefCanuck
All I can add is that them sending you letters is not considered harassment. They can send you all the letters they want, and you can wipe those letters with your ass, if you so desire.
Calling you on the phone would be considered harassment, after you tell them to stop.
ZTWsquared,Jan 31 2006, 10:41 PM Wrote:Stay calm ... do nothing ... ignore them.
[right][snapback]167800[/snapback][/right]
I did that with the 407.....
Collection agency.
Take care of it with them before they send it to a collection agency. Its going to be a lot harder getting a bad report off your credit report. Deal with it with the store before they f*** you over for 3 years.
Any damage to the product is the resposibility of the shipper, unless the vendor signed received in good condition. Then the vendor is on the hook.
Don't let this go to a collection agency. Your credit is more valuable than gold! Set up a meeting to see the manager in person; bring all the letters you received. Have him bring in a signed sales agreement, signed deposit or any proof they have of your commitment to purchase the said product. Bring a witness or a recording device and tell him that for legal purposes you are going to record the entire conversation. Be calm, let them speak their piece and don't let emotions get involved. Smile to yourself when this goes away.
ANTHONYD,Feb 1 2006, 09:01 AM Wrote:ZTWsquared,Jan 31 2006, 10:41 PM Wrote:Stay calm ... do nothing ... ignore them.
[right][snapback]167800[/snapback][/right]
I did that with the 407.....
Collection agency.
[right][snapback]167852[/snapback][/right]
Yeah and now they (407 Extreme Toll Ripoff) get the right back to cause a refusal to renew your plates/deny you new ones. Charming <_<
NefCanuck
Hence why I never touch the thing when down south. It's a great idea gone horribly, horribly wrong.
just to make this simple, do you still have the damamged product in your possesion?
Have you tried to return the product to the store in person?